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Gutierrez v. District Clerk, Bexar County

Court of Criminal Appeals of Texas
Aug 9, 2006
No. 65,376-01 (Tex. Crim. App. Aug. 9, 2006)

Opinion

No. 65,376-01

August 9, 2006. DO NOT PUBLISH.

On Application for a Writ of Mandamus from Bexar County.


ORDER


Relator has filed a motion for leave to file a writ of mandamus. In it, he contends that he filed an application for a writ of habeas corpus in the 227th Judicial District Court of Bexar County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. In these circumstances, additional facts are needed. The respondent, the District Clerk of Bexar County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex.Crim.App. 1992); by stating that the nature of the claims asserted in the application filed by relator is such that the claims are not cognizable under Tex. Code Crim. Proc., art 11.07, § 3; or stating that relator has not filed an application for habeas corpus in Grayson County. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

IT IS SO ORDERED.


Summaries of

Gutierrez v. District Clerk, Bexar County

Court of Criminal Appeals of Texas
Aug 9, 2006
No. 65,376-01 (Tex. Crim. App. Aug. 9, 2006)
Case details for

Gutierrez v. District Clerk, Bexar County

Case Details

Full title:MIGUEL GUTIERREZ, Relator, v. DISTRICT CLERK, BEXAR COUNTY, Respondent

Court:Court of Criminal Appeals of Texas

Date published: Aug 9, 2006

Citations

No. 65,376-01 (Tex. Crim. App. Aug. 9, 2006)